NEW PHASE INVESTMENTS, LLC v. JARVIS

No. 38447.

280 P.3d 710 (2012)

NEW PHASE INVESTMENTS, LLC, Plaintiff/Counterdefendant/Respondent, v. Joshua M. JARVIS aka Joshua Michael Jarvis, Defendant/Crossdefendant/Respondent, and DAFCO, LLC, an Idaho limited corporation, Defendant/Counterclaimant/Crossclaimant/ Third-Party Plaintiff/Appellant, and Rebecca Chiappini-Jarvis; Snake River Funding, Inc., an Idaho corporation; Idaho Department of Commerce And Labor; Internal Revenue Service; United Subcontractors, Inc., d/b/a Bob's Insulation, a Utah corporation; Neils & Joe's Les Schwab Tire Store, Inc.; a/k/a Neils & Joe's O.K. Tire, Inc., an Idaho corporation, Defendants/Crossdefendants, and Amerititle, Inc., an Oregon corporation; First American Title Company, Inc., an Idaho corporation; John Sommers d/b/a S & H Plumbing; H-K Contractors, Inc., an Idaho corporation; Russ Rudy d/b/a/ Affordable Tile & Flooring; Wade Allen Thueson d/b/a Mountain Central Vacuum Systems; Burns Concrete, Inc., an Idaho corporation; Medical Recovery Services, LLC, an Idaho limited liability company, Third-Party Defendants.

Supreme Court of Idaho, Boise, May 2012 Term.

June 29, 2012.


Attorney(s) appearing for the Case

Holden, Kidwell, Hahn & Crapo, P.L.L.C., Idaho Falls, for appellant. Charles A. Homer argued.

Beard St. Clair Gaffney, PA, Idaho Falls, for respondents New Phase. Jared W. Allen argued.

Joshua Jarvis , respondent pro se.


J. JONES, Justice.

This appeal arises from a dispute between two competing creditors, DAFCO, LLC, and New Phase Investments, LLC. DAFCO appeals from the district court's determination on summary judgment that DAFCO's deed of trust — although first recorded — was void under I.C. § 32-912 because it encumbered community real property but was not signed by both spouses. Because I.C. § 32-912 was enacted for the protection of the community rather...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases